MANILAL DEVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 28.9.1993 passed by the learned Addl. Sessions Judge, Nadiad in Sessions Case No. 77/1990, whereby, the learned Judge has convicted the appellant under sec. 498A of IPC and sentenced to undergo R/I of two years and to pay a fine of Rs. 1000/ -, in default, to undergo further R/I for three months. The appellant is also convicted under sec. 306 of IPC and sentenced to undergo R/I for a period of ten years and to pay a fine of Rs.5000/ -, in default, to undergo further R/I for six months, which is impugned in this appeal.

(2.) THE brief facts of the prosecution case is as under:

(3.) THEREFORE , the complaint came to be lodged before the Kapadwanj Police Station. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him. As the case was exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions, and numbered as Sessions Case No. 77/1990. The trial was initiated against the respondent.